Baby parking

[chrisd]

No, it's not the same.

Firstly the contract wording is different. It depends on what the signage says exactly. Do you consider the purchase of a house the same as that of signing up to a mobile phone contract, just because they are both contractual agreements?
Chris is also only talking about the contract imposed by the private parking company engaged to manage the car park, and the terms for them making a charge legally enforceable.

Secondly, it also depends on the will of the landowner. For example, it could be considered trespass. If it went to court for trespass, it would come down to what the damages were. For someone using a parent and child space, and visiting the shop the damages would almost certainly be zero, but if someone used a disabled space, and then a genuinely disabled person turned up and provision had to be made for them, the damages would be some amount higher than zero, to account for the provisions that had to be made.

In practical terms, for the most part, supermarkets and retail parks are not in the habit of taking their customers to court, but it doesn't change the legal position that they could.

The last invoice I dealt with for someone was for parking in a private car park for 5 minutes and the invoice was for £80 as it was claimed that they had no right to park there. So, the charge was for trespass in effect, as a parking company cant charge a parking fee for something you aren't, under their terms, allowed to do. Also, only the land owner can bring a trespass case to court and not a 3rd party ie a company engaged to manage the car park. So, my point is that most invoices have ways to be fought and beaten and why most parking companies wont win in court, you just have to know your stuff

 

[bobmac]

They were toying with a scheme for parents around here think it was £50 a year for a badge to park in the parent bays

I was going to suggest that myself.
Would you pay it?

 

[PJ87]

I was going to suggest that myself.
Would you pay it?

100% I would indeed Bob, providing it was a borough wide scheme for all car parks , not like something that in this one its valid in this it’s not.

 

[Dibby]

The last invoice I dealt with for someone was for parking in a private car park for 5 minutes and the invoice was for £80 as it was claimed that they had no right to park there. So, the charge was for trespass in effect, as a parking company cant charge a parking fee for something you aren't, under their terms, allowed to do. Also, only the land owner can bring a trespass case to court and not a 3rd party ie a company engaged to manage the car park. So, my point is that most invoices have ways to be fought and beaten and why most parking companies wont win in court, you just have to know your stuff

I agree, that's part of the distinction I was making.

Firstly for a private parking company to make a charge legally enforceable, they would have to have a contract that you entered into. If they forbid parking, they have not made an offer for you to accept, therefore no contract is formed and there can be no liability for a charge.

So, if it is a trespass only the landowner or leaseholder can make a claim, and it would have to be for the actual damages incurred. In practical terms, most supermarkets\retail parks won't bother taking their customers to court, but they could, and in the case of a disabled bay, would have a reasonable chance of winning damages.

In the first instance, the disabled bay could have parking offered at a rate of £0 for disabled people, and £100 per 24 hours for all others. This would be legal, as you can positively discriminate in favour of disabled people as part of your requirement to make provisions for them, but you could not do the same for other non-protected groups, such as parents. If the bay just says parking for disabled only, or similar, then as per the cases you have won, there is no contract to answer to.

In the second instance, there is more chance of there being incurred damages to award with a disabled bay on private land, over a parent & child bay.

 

[chrisd]

I agree, that's part of the distinction I was making.

Firstly for a private parking company to make a charge legally enforceable, they would have to have a contract that you entered into. If they forbid parking, they have not made an offer for you to accept, therefore no contract is formed and there can be no liability for a charge.

So, if it is a trespass only the landowner or leaseholder can make a claim, and it would have to be for the actual damages incurred. In practical terms, most supermarkets\retail parks won't bother taking their customers to court, but they could, and in the case of a disabled bay, would have a reasonable chance of winning damages.

In the first instance, the disabled bay could have parking offered at a rate of £0 for disabled people, and £100 per 24 hours for all others. This would be legal, as you can positively discriminate in favour of disabled people as part of your requirement to make provisions for them, but you could not do the same for other non-protected groups, such as parents. If the bay just says parking for disabled only, or similar, then as per the cases you have won, there is no contract to answer to.

In the second instance, there is more chance of there being incurred damages to award with a disabled bay on private land, over a parent & child bay.

Then the whole parking matter becomes a minefield and most private parking companies, who regularly get it wrong, and wouldn't win in court so long as the defendant swatted up on the subject. But I really dont suggest parking irresponsibly in car parks is a good thing, I just dont think people should be slapped with huge 'fines'

 

[clubchamp98]

Then the whole parking matter becomes a minefield and most private parking companies, who regularly get it wrong, and wouldn't win in court so long as the defendant swatted up on the subject. But I really dont suggest parking irresponsibly in car parks is a good thing, I just dont think people should be slapped with huge 'fines'

All this just confirms to me something I always knew.
Quite reasonable fair minded people are like Jeckl and Hyde once they get behind the wheel of a car!

 

[Jamesbrown]

https://www.motherandbaby.co.uk/fam...t-and-child-parking-spaces-the-dos-and-don-ts

That’s only relative to some private parking car parks.
Is it relative to the one you used?
What does the sign say at the one in question.
Do you have a link to the car park in question? Does it have an attendant, or is it camerered just to monitor time spent or nothing at all?
Those list of “rules” aren’t for all car parks.

 

[Jamesbrown]

So exactly what I said

Pc and disabled on private land.. same thing just a contract

On street it’s a fixed pen notice

Now, on street disabled bays....

Not enforceable if painted white by the council.

Courtesy only unless yellow!

 

[Bunkermagnet]

I accept the original post makes mention of the lady van drivers rudeness, and that is wrong however none of us know the reason for her surlyness, we'vre all had bad days or news that makes us unpleasant. But lets ignore the fact it was a van that shouldn't be in that space.....how many of the other spaces actually weRE parents with young children with them?
I see many a pram/child space where a lone parent parks their car in it and off they go. It's just people being selfish and inconsiderate and it will never stop. Roll your eyes and let it go, it's life.

 

[PJ87]

I accept the original post makes mention of the lady van drivers rudeness, and that is wrong however none of us know the reason for her surlyness, we'vre all had bad days or news that makes us unpleasant. But lets ignore the fact it was a van that shouldn't be in that space.....how many of the other spaces actually weRE parents with young children with them?
I see many a pram/child space where a lone parent parks their car in it and off they go. It's just people being selfish and inconsiderate and it will never stop. Roll your eyes and let it go, it's life.

Indeed the situation only got resolved when mid convo the car next to it went.. a lady in gym gear no child so shouldn’t be in the space but nearer the gym (obvs needs less exercise getting there)

Today we went shopping and just drove to my parents, left little lady with them and walked into town.

 

[Bunkermagnet]

Today we went shopping and just drove to my parents, left little lady with them and walked into town.

Until you have done this, you dont know how much of a god send being able to do this is

 

[PJ87]

Until you have done this, you dont know how much of a god send being able to do this is

It is fantastic , wiz around the shop in no time. Plus she has a whale of a time with grandad

 

[Leftie]